EN BANC
[G.R. No. 47568. December 20, 1941. ]
ESTATE OF TEODORO R. YANGCO, deceased. RAMON L. CORPUS, proponent-appellee, v. LUIS R. YANGCO, opponent-appellant.
Hilado & Hilado, for Appellant.
Claro M. Recto, for Appellee.
SYLLABUS
1. WILLS; PRESENCE OF ATTESTING WITNESSES. — The only contention insisted upon by appellant in this instance with reference to the due execution of the will in question is, that the testator did not sign said will in the presence of the attesting witnesses, the affirmation in the attestation clause to the contrary notwithstanding. We are fully satisfied that the will in question was executed by the testator with the formalities required by law, and that the trial court committed no error in admitting the same to probate. After all, the object of the solemnities surrounding the execution of wills is to close the door against bad faith and fraud, to avoid substitution of wills and testaments, and to guarantee their truth and authenticity, as this Court has stated in the case of Abangan v. Abangan, 40 Phil., 476, 479, and in various subsequent cases. It is not contended by the opponent in this instance that there was fraud or bad faith; neither is substitution of the will in question even hinted; nor is the truth and authenticity of said document impugned. To reject the same under the circumstances, as opponent urges, would be absolutely unwarranted.
2. ID.; QUESTION OF VALIDITY OF PROVISIONS RAISED IN PROBATE CASE. — The majority of the Court is of the opinion and so holds that in a proceeding for the probate of a will like the present, the Court has no power to pass upon the validity of any provisions made in the will, which opinion has been consistently adhered to by this Court in numerous cases, beginning with Castañeda v. Alemany (1904) 3 Phil., 426, 428, down to Castro Revilla v. Garduño (1928), 53 Phil., 934, 937.
2. ID.; QUESTION OF VALIDITY OF PROVISIONS RAISED IN PROBATE CASE. — The majority of the Court is of the opinion and so holds that in a proceeding for the probate of a will like the present, the Court has no power to pass upon the validity of any provisions made in the will, which opinion has been consistently adhered to by this Court in numerous cases, beginning with Castañeda v. Alemany (1904) 3 Phil., 426, 428, down to Castro Revilla v. Garduño (1928), 53 Phil., 934, 937.
D E C I S I O N
OZAETA, J.:
The above-entitled proceeding was commenced in the Court of First Instance of Manila for the probate of the document hereinbelow set forth, which is said to be the last will and testament of Teodoro R. Yangco, deceased, to wit:jgc:chanrobles.com.ph
"Yo, Teodoro R. Yangco, de Manila, Islas Filipinas de setenta y dos años de edad, hallandome en el pleno uso de mis facultades intelectuales y obrando libre y espontaneamente otorgo esta mi
"Yo, Teodoro R. Yangco, de Manila, Islas Filipinas de setenta y dos años de edad, hallandome en el pleno uso de mis facultades intelectuales y obrando libre y espontaneamente otorgo esta mi
